Case: Disability Discrimination/Hiring (M.D.N.C.)

A North Carolina federal court denied the state’s Department of Adult Corrections’ motion to dismiss the claims of a correctional officer applicant with HIV that his job offer was revoked due to his HIV positive status, in violation of the Americans with Disabilities Act and the Rehabilitation Act, ruling that the applicant pled enough facts showing that his HIV positive status was a disability under the statutes, and that this status was the reason for the withdrawal of the employment offer.